OCCUPATIONS CODE
TITLE 4.
PROFESSIONS RELATED TO ANIMALS
CHAPTER 802.
SUBCHAPTER A.
Sec. 802.001.
DOG OR CAT BREEDERS
GENERAL PROVISIONS
SHORT TITLE.
This chapter may be cited as the
Dog or Cat Breeders Act.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1284 (H.B. 1451), Sec. 2,
eff. June 17, 2011.
Sec. 802.002.
DEFINITIONS.
In this chapter:
(1)
"Adult animal" means an animal six months of age or
(2)
"Animal" means a dog or a cat.
(3)
"Cat" means a mammal that is wholly or partly of the
older.
species Felis domesticus.
(4)
"Commission" means the Texas Commission of Licensing
and Regulation under Chapter 51.
(5)
"Controlling person" means an individual who:
(A)
is a partner, manager, director, officer, or
member of a dog or cat breeder;
(B)
possesses the authority to set policy or direct
management of a dog or cat breeder; or
(C)
possesses a direct or indirect control of 25
percent or more of a dog or cat breeder.
(6)
"Department" means the Texas Department of Licensing
and Regulation under Chapter 51.
(7)
"Dog" means a mammal that is wholly or partly of the
species Canis familiaris.
(8)
"Dog or cat breeder" means a person who possesses 11
or more adult intact female animals and is engaged in the business
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of breeding those animals for direct or indirect sale or for
exchange in return for consideration and who sells or exchanges, or
offers to sell or exchange, not fewer than 20 animals in a calendar
year.
(9)
"Facility" means the premises used by a dog or cat
breeder for keeping or breeding animals.
The term includes all
buildings, property, and confinement areas used to conduct the
breeding business.
(10)
"Federal regulations" means the specifications for
the humane handling, care, treatment, and transportation of dogs
and cats set forth in 9 C.F.R. Part 3, Subpart A.
(11)
"Intact female animal" means a female animal that
has not been spayed and is capable of reproduction.
(12)
"Kitten" means a cat less than six months old.
(13)
"Licensed breeder" means a dog or cat breeder who
holds a license issued under this chapter.
(14)
"Possess" means to have custody of or control over.
(15)
"Primary enclosure" means any structure used to
restrict an animal to a limited amount of space.
The term includes
a room, pen, run, cage, or compartment.
(16)
"Puppy" means a dog less than six months old.
(17)
"Third-party inspector" means any of the following
entities with which the department contracts under Section 802.061,
including an employee of the entity:
(A)
a state agency; or
(B)
a
local
law
enforcement
agency
or
fire
veterinarian
in
good
department.
(18)
"Veterinarian"
means
a
standing and licensed to practice veterinary medicine in this
state.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1284 (H.B. 1451), Sec. 2,
eff. June 17, 2011.
Page -2 -
Sec. 802.003.
APPLICABILITY OF CHAPTER.
(a)
This chapter
does not affect the applicability of any other law, rule, order,
ordinance, or other legal requirement of the federal government,
this state, or a political subdivision of this state.
(b)
This chapter does not prevent a municipality or county
from prohibiting or further regulating by order or ordinance the
possession, breeding, or selling of dogs or cats.
(c)
This chapter does not apply to an animal regulated under
the Texas Racing Act (Article 179e, Vernon's Texas Civil Statutes).
Added by Acts 2011, 82nd Leg., R.S., Ch. 1284 (H.B. 1451), Sec. 2,
eff. June 17, 2011.
Sec. 802.004.
PRESUMPTION OF USE FOR BREEDING.
For purposes
of this chapter, each adult intact female animal possessed by a
person engaged in the business of breeding animals for direct or
indirect sale or for exchange in return for consideration is
presumed to be used for breeding purposes unless the person
establishes to the satisfaction of the department, based on the
person's breeding records or other evidence reasonably acceptable
to the department, that the animal is not used for breeding.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1284 (H.B. 1451), Sec. 2,
eff. June 17, 2011.
Sec. 802.005.
PURPOSE DOGS.
(a)
EXEMPTION FOR CERTAIN PERSONS WHO BREED SPECIAL
This section applies only to a dog bred with
the intent that it be used primarily for:
(1)
herding livestock, as defined by Section 1.003,
Agriculture Code, or other agricultural uses;
(2)
hunting,
including
tracking,
chasing,
pointing,
flushing, or retrieving game; or
(3)
competing in field trials, hunting tests, or similar
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organized performance events.
(b)
This chapter does not apply to a person to the extent the
person breeds dogs described by Subsection (a) for personal use.
A
person described by this subsection may conduct direct or indirect
sales or exchanges in return for consideration of dogs described by
Subsection (a).
(c)
Notwithstanding Subsection (b), a person described by
Subsection (b) may be subject to the requirements of this chapter
based on the person's activities with respect to animals other than
dogs that are bred and used as described by this section.
(d)
Dogs described by Subsection (a) may not be counted for
purposes of determining the number of adult intact female animals
possessed by a person as described by Section 802.002(8).
Added by Acts 2011, 82nd Leg., R.S., Ch. 1284 (H.B. 1451), Sec. 2,
eff. June 17, 2011.
SUBCHAPTER B.
POWERS AND DUTIES OF COMMISSION AND DEPARTMENT
Sec. 802.051.
GENERAL POWERS AND DUTIES; RULES.
(a)
The
department shall administer and enforce this chapter.
(b)
The commission shall adopt rules necessary to administer
and enforce this chapter.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1284 (H.B. 1451), Sec. 2,
eff. June 17, 2011.
Sec. 802.052.
FEES.
The commission by rule shall establish
reasonable and necessary fees in amounts sufficient to cover the
costs of administering and enforcing this chapter.
In setting the
fee for inspecting or licensing a facility, the commission may
consider the number of adult intact female animals used for
breeding at the facility.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1284 (H.B. 1451), Sec. 2,
Page -4 -
eff. June 17, 2011.
Sec. 802.053.
PERSONNEL.
The department may employ personnel
necessary to carry out the functions and duties of the department
under this chapter.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1284 (H.B. 1451), Sec. 2,
eff. June 17, 2011.
Sec.
802.054.
disbursements
EXPENSES.
necessary
to
The
department
implement
this
may
chapter,
authorize
including
disbursements for office expenses, equipment costs, and other
necessary facilities.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1284 (H.B. 1451), Sec. 2,
eff. June 17, 2011.
Sec. 802.055.
CRIMINAL BACKGROUND CHECKS.
The department
shall conduct a criminal background check on each applicant who
submits an application for a license under this chapter and on any
controlling
person
of
the
applicant.
The
department
may,
as
permitted by law:
(1)
examine any criminal conviction, guilty plea, or
deferred adjudication of the applicant or controlling person; and
(2)
obtain
any
criminal
history
or
record
of
the
applicant or controlling person.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1284 (H.B. 1451), Sec. 2,
eff. June 17, 2011.
Sec. 802.056.
DIRECTORY.
(a)
The department shall maintain
a directory of licensed breeders and of third-party inspectors
registered under this chapter.
(b)
The department shall make the directory available to the
public.
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Added by Acts 2011, 82nd Leg., R.S., Ch. 1284 (H.B. 1451), Sec. 2,
eff. June 17, 2011.
Sec. 802.057.
DISCIPLINARY DATABASE.
(a)
The department
shall maintain a database of dog or cat breeders who have been
subject to disciplinary action as provided by Subchapter F.
(b)
The department shall make the information maintained in
the database available to the public.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1284 (H.B. 1451), Sec. 2,
eff. June 17, 2011.
Sec.
802.058.
department
shall
CONSUMER
prepare
INTEREST
information
INFORMATION.
of
consumer
(a)
The
interest
describing:
(1)
the functions performed by the department under this
chapter; and
(2)
(b)
the rights of a consumer affected by this chapter.
The information must describe the procedure by which a
consumer complaint is filed with and resolved by the department.
(c)
The department shall make the information available to
the public.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1284 (H.B. 1451), Sec. 2,
eff. June 17, 2011.
Sec. 802.059.
ACCOUNT.
(a)
DOG OR CAT BREEDER TRAINING AND ENFORCEMENT
The dog or cat breeder training and enforcement
account is an account in the general revenue fund. Administrative
penalties collected under Subchapter F shall be deposited to the
credit of the account.
(b)
Funds in the account may be appropriated only to the
department for:
(1)
promoting consumer awareness of this chapter and
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rules adopted under this chapter;
(2)
supporting
educational
seminars,
training
activities, or other actions designed to benefit the department's
ability to administer and enforce this chapter; and
(3)
paying for information resulting in disciplinary
action under Subchapter F against a person for acting as a dog or
cat breeder without holding a license issued under this chapter.
(c)
The commission by rule may provide for a system to pay
for information described by Subsection (b)(3).
under
this
subsection
must
ensure
that
a
Rules adopted
public
purpose
is
accomplished through the use of the payment system.
(d)
The department may solicit and accept gifts, grants, and
other donations from any source for deposit into the account.
(e)
The account is exempt from the application of Section
403.095, Government Code.
(f)
The executive director of the department must approve any
expenditure from the account.
(g)
The department shall report its use of the account in its
quarterly financial report to the commission.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1284 (H.B. 1451), Sec. 2,
eff. June 17, 2011.
Sec.
802.060.
REGULATION
OF
THIRD-PARTY
INSPECTORS.
The
commission by rule shall establish:
(1)
training requirements for a third-party inspector;
(2)
registration procedures for a third-party inspector;
(3)
policies
and
governing
the
acts
of
a
third-party
inspector in conducting an inspection or investigation.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1284 (H.B. 1451), Sec. 2,
eff. June 17, 2011.
Page -7 -
Sec. 802.061.
CONTRACTS FOR ENFORCEMENT.
The department may
contract with a third-party inspector to enforce or assist in the
enforcement of this chapter and rules adopted under this chapter,
including
the
performance
of
inspections
and
investigations
required under this chapter.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1284 (H.B. 1451), Sec. 2,
eff. June 17, 2011.
Sec. 802.062.
INSPECTIONS.
(a)
The department shall inspect
each facility of a licensed breeder at least once in every 18-month
period and at other times as necessary to ensure compliance with
this chapter and rules adopted under this chapter.
(b)
The inspection must be conducted during the facility's
normal business hours, and the licensed breeder or a representative
of the licensed breeder must be given a reasonable opportunity to
be present during the inspection.
(c)
If necessary to adequately perform the inspection, the
department or third-party inspector may determine it is appropriate
to
not
provide
advance
notice
to
the
licensed
breeder
or
a
representative of the licensed breeder before arriving at the
facility.
The licensed breeder or its representative shall, on
request of an inspector, assist the inspector in performing the
inspection.
(d)
inspector
In
conducting
may
not
an
enter
or
inspection
access
under
any
this
portion
section,
of
a
an
private
residence of a licensed breeder except as necessary to access
animals or other property relevant to the care of the animals.
inspector
may
request
that
relevant
documents
or
records
The
be
provided for inspection.
(e)
The inspector shall submit an inspection report to the
department not later than the 10th day after the date of the
inspection on a form prescribed by the department and provide a
Page -8 -
copy of the report to the licensed breeder or its representative.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1284 (H.B. 1451), Sec. 2,
eff. June 17, 2011.
Sec. 802.063.
INVESTIGATIONS.
On receipt of a complaint
alleging a violation of this chapter or a rule adopted under this
chapter, the department or a third-party inspector designated by
the department shall investigate the alleged violation.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1284 (H.B. 1451), Sec. 2,
eff. June 17, 2011.
Sec. 802.064.
REPORTING ANIMAL CRUELTY.
A person conducting
an inspection under Section 802.062 or 802.103 or an investigation
under Section 802.063 shall notify the appropriate local law
enforcement agency not later than 24 hours after discovering
evidence of animal cruelty or neglect during the inspection or
investigation.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1284 (H.B. 1451), Sec. 2,
eff. June 17, 2011.
Sec. 802.065.
ADVISORY COMMITTEE.
(a)
The commission shall
establish an advisory committee to advise the commission and make
recommendations
on
matters
related
to
the
administration
and
enforcement of this chapter, including licensing fees and standards
adopted under Subchapter E.
(b)
The advisory committee consists of nine members appointed
by the presiding officer of the commission with the approval of the
commission as follows:
(1)
two members who are licensed breeders;
(2)
two members who are veterinarians;
(3)
two
members
who
represent
animal
welfare
organizations each of which has an office based in this state;
Page -9 -
(4)
two members who represent the public; and
(5)
one member who is an animal control officer as
defined in Section 829.001, Health and Safety Code.
(c)
Members of the advisory committee serve staggered four-
year terms.
The terms of four or five members expire on February 1
of each odd-numbered year.
If a vacancy occurs during a member's
term, the presiding officer of the commission, with the approval of
the commission, shall appoint a replacement member to serve for the
remainder of the unexpired term.
(d)
The presiding officer of the commission shall designate
one member of the advisory committee to serve as presiding officer
of the advisory committee for a two-year term.
A member may serve
more than one term as presiding officer.
(e)
The advisory committee shall meet annually and at the
call of the presiding officer of the advisory committee, the
presiding officer of the commission, or the executive director of
the department.
(f)
Except for the members described by Subsection (b)(1), a
person may not be a member of the advisory committee if the person
or a member of the person's household:
(1)
is required to be licensed under this chapter;
(2)
is an officer, employee, or paid consultant of an
entity required to be licensed under this chapter;
(3)
owns or controls, either directly or indirectly,
more than a 10 percent interest in an entity required to be
licensed under this chapter; or
(4)
is required to register as a lobbyist under Chapter
305, Government Code, because of the person's activities for
compensation on behalf of an entity required to be licensed under
this chapter.
(g)
The presiding officer of the commission may remove from
the advisory committee a member who is ineligible for membership
Page -10 -
under Subsection (f).
(h)
A member may not receive compensation for service on the
advisory committee. Subject to the department's budget and any
limitation provided by the General Appropriations Act, a committee
member may receive reimbursement for the actual and necessary
expenses incurred while performing advisory committee duties.
(i)
A decision of the advisory committee is effective only on
a majority vote of the members present.
(j)
Chapter 2110, Government Code, does not apply to the
size, composition, or duration of the advisory committee or to the
appointment of the committee's presiding officer.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1284 (H.B. 1451), Sec. 2,
eff. June 17, 2011.
SUBCHAPTER C.
Sec. 802.101.
LICENSING OF DOG OR CAT BREEDERS
LICENSE REQUIRED.
(a)
A person may not act
as, offer to act as, or represent that the person is a dog or cat
breeder in this state unless the person holds a license under this
chapter for each facility that the person owns or operates in this
state.
A license for a single facility may cover more than one
building on the same premises.
(b)
The commission by rule may establish requirements for
issuance or renewal of a license issued to a dog or cat breeder
under this chapter.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1284 (H.B. 1451), Sec. 2,
eff. June 17, 2011.
Sec. 802.102.
APPLICATION.
An applicant for a license under
this chapter must:
(1)
submit to the department a completed application on
a form prescribed by the department;
Page -11 -
(2)
the
submit to the department the information regarding
applicant's
facilities
and
operations
requested
by
the
department;
(3)
demonstrate that the applicant has satisfied the
requirements of this chapter and rules adopted under this chapter;
and
(4)
pay to the department the required fee.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1284 (H.B. 1451), Sec. 2,
eff. June 17, 2011.
Sec. 802.103.
PRELICENSE INSPECTION.
(a)
Except as provided
by Subsection (e), the department must inspect a facility before a
license is issued for the facility.
(b)
The department may not issue a license to a dog or cat
breeder until the department receives a prelicense inspection
report from the inspector in a format approved by the department
certifying that the facility meets the requirements of this chapter
and rules adopted under this chapter.
(c)
Before the prelicense inspection may be conducted, each
applicant must pay to the department the required inspection fee to
be used to pay third-party inspectors and the reasonable expenses
of the department related to its licensing and inspection duties
under this chapter.
(d)
An
applicant
whose
facility
does
not
meet
the
requirements of this chapter and rules adopted under this chapter
as revealed by a prelicense inspection may, after correcting
deficiencies
noted
in
the
inspection
report,
request
another
prelicense inspection by paying the required fee to the department.
(e)
The department may not require a prelicense inspection of
a facility for an applicant who:
(1)
holds a current Class A animal dealers license
issued under the Animal Welfare Act (7 U.S.C. Section 2131 et
Page -12 -
seq.); and
(2)
submits to the department:
(A)
a copy of the license; and
(B)
on a form prescribed by the department, a
statement certifying that the facility meets the requirements of
this chapter and rules adopted under this chapter.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1284 (H.B. 1451), Sec. 2,
eff. June 17, 2011.
Sec. 802.104.
INITIAL LICENSE.
The department shall issue a
license to each dog or cat breeder who:
(1)
meets the requirements of this chapter and rules
adopted under this chapter;
(2)
applies to the department on the form prescribed by
the department; and
(3)
pays the required fee.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1284 (H.B. 1451), Sec. 2,
eff. June 17, 2011.
Sec. 802.105.
TERM; NONTRANSFERABILITY.
A license issued
under this chapter is valid until the first anniversary of the date
of issuance and is nontransferable.
The department shall include
the expiration date on each license issued under this chapter.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1284 (H.B. 1451), Sec. 2,
eff. June 17, 2011.
Sec. 802.106.
LICENSE RENEWAL.
(a)
A licensed breeder may
renew the person's license by:
(1)
submitting a renewal application to the department
on the form prescribed by the department;
(2)
complying
with
any
adopted by the department; and
Page -13 -
other
renewal
requirements
(3)
(b)
paying the required fee.
A person whose license has expired may not engage in
activities that require a license until the license has been
renewed.
(c)
The department may not renew the license of a person if
the person is in violation of this chapter or any rule adopted
under this chapter at the time of renewal.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1284 (H.B. 1451), Sec. 2,
eff. June 17, 2011.
Sec. 802.107.
(a)
LICENSE DENIAL, REVOCATION, AND SUSPENSION.
The department shall deny issuance of a license to, or refuse
to renew the license of, a person if the person or a controlling
person of the dog or cat breeder has pled guilty to, been convicted
of, or received deferred adjudication for animal cruelty or neglect
in this state or any other jurisdiction in the five years preceding
the person's initial or renewal application for a license.
(b)
The department shall revoke a license if, after the
license is issued, the person or a controlling person of the dog or
cat breeder pleads guilty to, is convicted of, or receives deferred
adjudication for animal cruelty or neglect in this state or any
other jurisdiction.
(c)
The department may deny issuance of a license to, refuse
to renew the license of, or revoke or suspend a license held by a
person who:
(1)
fails to meet the requirements of this chapter and
rules adopted under this chapter;
(2)
has had a similar license issued by a federal,
state, or local authority denied, revoked, or suspended;
(3)
has falsified any material information requested by
the department;
(4)
has failed to meet a standard adopted by rule under
Page -14 -
this chapter; or
(5)
has failed to comply with any corrective action
required under an inspection report in the time provided by the
report.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1284 (H.B. 1451), Sec. 2,
eff. June 17, 2011.
SUBCHAPTER D.
Sec. 802.151.
PRACTICE BY LICENSED BREEDER
DISPLAY OF LICENSE; APPLICABLE LAWS AND RULES;
INCLUSION OF LICENSE NUMBER AND DEPARTMENT INFORMATION.
A licensed
breeder shall:
(1)
prominently display a copy of the license at the
breeder's facility;
(2)
maintain at the breeder's facility a printed copy of
this chapter and rules adopted under this chapter as made available
by the department;
(3)
include the license number in each advertisement of
the licensed breeder; and
(4)
include in each contract for the sale or transfer of
an animal by the licensed breeder:
(A)
the license number; and
(B)
the following statement: "Dog and cat breeders
are regulated by the Texas Department of Licensing and Regulation,
P.O. Box 12157, Austin, Texas 78711, 1-800-803-9202, 512-463-6599,
www.license.state.tx.us"
commission
rule
that
or
a
includes
similar
the
statement
department's
adopted
name,
by
mailing
address, telephone numbers, and Internet website address.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1284 (H.B. 1451), Sec. 2,
eff. June 17, 2011.
Sec. 802.152.
CHANGE IN LICENSE INFORMATION.
Page -15 -
A licensed
breeder shall notify the department in a manner prescribed by the
department not later than the 10th day after the date any change
occurs in the address, name, management, or controlling person of
the business or operation.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1284 (H.B. 1451), Sec. 2,
eff. June 17, 2011.
Sec. 802.153.
ANNUAL INVENTORY.
(a)
Not later than February
1 of each year, a licensed breeder shall submit to the department,
on a form prescribed by the department, an accounting of all
animals held at the facility at any time during the preceding
calendar year.
(b)
The licensed breeder shall keep copies of the items
described by Subsection (a) at the licensed breeder's facility and
shall make them available on request to the department or a thirdparty inspector designated by the department.
(c)
A licensed breeder that has more than one facility shall:
(1)
keep separate records for each facility; and
(2)
submit a separate accounting of animals for each
facility.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1284 (H.B. 1451), Sec. 2,
eff. June 17, 2011.
Sec. 802.154.
ANIMAL RECORDS.
(a)
The commission shall
adopt rules establishing the minimum information that a licensed
breeder must maintain for each animal in the breeder's facility.
A
licensed breeder shall maintain a separate record for each animal
in the breeder's facility documenting the animal's care.
(b)
The
licensed
breeder
shall
make
the
animal
records
available on request to the department or a third-party inspector
designated by the department.
(c)
The commission by rule shall establish the retention
Page -16 -
period for records required under this section.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1284 (H.B. 1451), Sec. 2,
eff. June 17, 2011.
SUBCHAPTER E.
Sec.
802.201.
STANDARDS OF CARE AND CONFINEMENT
ADOPTION
OF
STANDARDS. (a)
The
commission
shall adopt rules establishing minimum standards for the humane
handling, care, housing, and transportation of dogs and cats by a
dog or cat breeder to ensure the overall health, safety, and wellbeing of each animal in the breeder's possession.
(b)
The standards adopted under this section must:
(1)
at a minimum, meet federal regulations;
(2)
require
that,
unless
otherwise
certified
by
a
veterinarian in the manner prescribed by the department, a licensed
breeder, if applicable, provide each dog 12 weeks of age and older
with at least one hour of daily exercise in an area that:
(A)
has a surface that has adequate drainage and
that will not adversely affect the dog's health or well-being, and
that may be composed of natural turf or soil;
(B)
provides
adequate
protection
against
harsh
weather, including exposure to the sun; and
(C)
has at least three times more square feet than
the dog's primary enclosure;
(3)
require that an adequate period consistent with
breed standards elapse between the breeding cycles of each adult
intact female animal;
(4)
require that a dog or cat breeder provide basic
grooming to each animal, including bathing and nail trimming, to
the extent required to maintain the animal in a state of good
health;
(5)
require that all primary enclosures:
Page -17 -
(A)
be composed of materials that are safe for the
animal based on the animal's breed, size, and age;
(B)
have adequate space to allow the animal to
comfortably stand, sit, turn around, and lie down in a natural
position;
(C)
have adequate drainage; and
(D)
if any portion of the floor surface is composed
of wire or a slatted material, be free from any protruding, sharp
surfaces and be designed so the animal's paws are unable to extend
through, or become caught in, the floor;
(6)
prohibit the placement of a primary enclosure of an
animal on top of the primary enclosure of another animal, unless an
impervious barrier designed to prevent the transfer of any liquid
or animal waste from one enclosure to the other is placed between
the enclosures;
(7)
prohibit the stacking of the primary enclosures of
dogs above three vertical levels;
(8)
require at least one regular veterinary examination
a year for a breeding animal;
(9)
require that a dog or cat breeder maintain at each
of the breeder's facilities a written health care management
protocol that addresses routine and preventive care;
(10)
is
provided
ensure that necessary routine and preventive care
to
each
animal
and
that
each
animal
receives
appropriate care and treatment for any disease or illness, to the
extent required to maintain the animal in a state of good health;
(11)
prohibit a person from euthanizing an adult animal
or performing a surgical birth of an animal unless the person is a
veterinarian;
(12)
require appropriate training for any person whose
duties and responsibilities include the handling of or caring for
an animal in a dog or cat breeder's facility; and
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(13)
prohibit
a
dog
or
cat
breeder
from
selling,
trading, or giving away an animal before the animal is eight weeks
of age.
(c)
The commission by rule may modify existing standards as
necessary to protect or improve the health and well-being of
animals or to protect the health and safety of the public.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1284 (H.B. 1451), Sec. 2,
eff. June 17, 2011.
SUBCHAPTER F.
Sec.
PENALTY.
802.251.
ENFORCEMENT
DISCIPLINARY
ACTION;
ADMINISTRATIVE
If a person violates this chapter or a rule adopted under
this chapter, the person is subject to any action or penalty under
Subchapter F or G, Chapter 51.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1284 (H.B. 1451), Sec. 2,
eff. June 17, 2011.
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